SB0196 - 104th General Assembly

 


 
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB0196

 

Introduced 1/22/2025, by Sen. Chapin Rose

 

SYNOPSIS AS INTRODUCED:
 
765 ILCS 745/12  from Ch. 80, par. 212
765 ILCS 745/14.4 new

    Amends the Mobile Home Landlord and Tenant Rights Act. Prohibits a landlord from imposing a rule, regulation, or lease provision, in any manner, that impairs any rights guaranteed to the tenant by the First Amendment of the Constitution of the United States or Section 4 of Article I of the Illinois Constitution, including the display of advertising pertaining to any political candidate or proposition.


LRB104 06116 JRC 16149 b

 

 

A BILL FOR

 

SB0196LRB104 06116 JRC 16149 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Mobile Home Landlord and Tenant Rights Act
5is amended by changing Section 12 and by adding Section 14.4 as
6follows:
 
7    (765 ILCS 745/12)  (from Ch. 80, par. 212)
8    Sec. 12. Lease prohibitions. No lease hereafter executed
9or currently existing between a park owner and tenant in a
10mobile home park or manufactured home community in this State
11shall contain any provision:
12        (a) Permitting the park owner to charge a penalty fee
13    for late payment of rent without allowing a tenant a
14    minimum of 5 days beyond the date the rent is due in which
15    to remit such payment;
16        (b) Permitting the park owner to charge an amount in
17    excess of one month's rent as a security deposit;
18        (c) Requiring the tenant to pay any fees not specified
19    in the lease;
20        (d) Permitting the park owner to transfer, or move, a
21    mobile home to a different lot, including a different lot
22    in the same mobile home park or manufactured home
23    community, during the term of the lease;

 

 

SB0196- 2 -LRB104 06116 JRC 16149 b

1        (e) Waiving the homeowner's right to a trial by jury; .
2        (f) Impairing any rights guaranteed to the tenant by
3    the First Amendment of the Constitution of the United
4    States or Section 4 of Article I of the Illinois
5    Constitution.
6    If one provision of a lease is invalid, that does not
7affect the validity of the remaining provisions of the lease.
8(Source: P.A. 98-1062, eff. 1-1-15.)
 
9    (765 ILCS 745/14.4 new)
10    Sec. 14.4. First Amendment rights. No landlord shall
11impose a rule, regulation, or lease provision, in any manner,
12that impairs any rights guaranteed to the tenant by the First
13Amendment of the Constitution of the United States or Section
144 of Article I of the Illinois Constitution, including the
15display of advertising pertaining to any political candidate
16or proposition.